KARAM SINGH Vs. CHAIRMAN HSEB AND OTHERS

JUDGEMENT

(1.) The petitioner was served charge sheet on 01.01.1993 accompanied by a summary of charges, statement of allegations and a list of witnesses and documents in support of the charges. The attribution was that while working as an Assistant Engineer he had allowed installation of 63 KVA T/F at the premises of one Shri Gurdasa Singh without any formal allocation from the Divisional Office and proper intimation of damage to the higher authorities as per details in the summary of allegations which shows gross negligence of duties on his part.

(2.) There are three other charges of related kind, but in addition, imputing undue favours to consumers without formal allocation, the details of which charges need not be gone into since the case can be decided on the material admitted facts and on a short point. The threat proposal in the Memo/charge sheet was that the Annual Confidential Reports of the petitioner for the relevant period would be downgraded in case he is found responsible of the alleged derelictions in performance of duties. The petitioner filed a detailed defence statement pleading innocence by bringing out the entire facts of the case to show that he had not misconducted himself.

(3.) Though objections were filed but no order was passed as to why the explanation given by the petitioner was not found satisfactory and instead an order was passed on 27.08.1993 (P-4) directly imposing punishment of stoppage of two increments without future effect and for downgrading the ACR of the relevant year. This was done without notice or hearing and without holding an enquiry.